Sharifah Aini's Suit - No Complainant?

December 21, 2005

We now hear of a competent Magistrate. His name is Azroul Hisham Azulan.

At the proceedings of Sharifah Aini's defamation suit, all the witnesses were ready. Singer Datuk Sharifah Aini Syed Jaafar was in the courtroom, hoping the defamation against her would begin after a few false starts.

Magistrate Azroul Hisham Azulan would not proceed to hear the case.

Azroul wanted to know whether an official complaint had been filed in this case. He noted that Section 131 of the Criminal Procedure Code stated that no court shall take cognisance of the offence of defamation, among others, except upon complaint made by the person aggrieved by the offence or the Public Prosecutor.

He said the court had examined the charge and found that it did not adhere to the requirements under Section 131 of the Criminal Procedure Code (CPC). Section 131 requires a complaint to be made by the aggrieved person or by the public prosecutor.) “There is no complaint in this case,” he pointed out, saying the court was concerned “whether the proceeding would become a nullity” later.

“Therefore, the court want both parties to submit on this issue before the full trial begins,” added Azroul.

"I want to carry on with the trial but am worried that these proceedings may be nullified or certain irregularities may appear if this matter is not addressed," he said.

Sharifah Aini, 52, is charged with defaming singer Siti Nurhaliza Taruddin in an email to her adopted brother, Ahmad Shaharil Jamaludin, on Aug 24 last year. She is charged under Section 500 of the Penal Code, which carries a maximum two years’ jail or a fine, or both, on conviction.

Sharifah Aini's lead counsel Datuk Muhammad Shafee Abdullah is a well-learned and foxy lawyer. He must have known that if the case proceed, and judgment passed against Sharifah, they would proceed to the Appeal Court to get the Magistrate decision overturned on the point of law as enunciated by Azroul.

Magistrate Azroul has shown his competence in the subject matter.

The judiciary can now be proud of this magistrate's competence. Could other magistrate also show their competence on the legal doctrines and principles? We have yeat to hear of, except the few in the High Court and the great Gopal Sri Ram of the Appeal Court who failed to be promoted to the Federal Court eventhough he is the most senior judge in the Appeal Court, and far senior over the many of the Federal Court judges who had leapfrogged him in promotion over the last decade.